General conditions
1) The www.touch-shop.eu online shop is managed by Touch Cards and More company registered as company number 06532003 with the business register of Municipiality of Braunfels; the European Tax Reference Number EU: DE815068113. The company provides online trading services on the following general terms and conditions. The customer (hereafter the Buyer) can place orders on 24 hour a day basis using the company’s website: http://www.touch-shop.eu. The customer can place the order indicating the desired product using the ‘Add to the Cart” option. By placing and confirming the order, the Buyer accepts the sales contract of chosen goods between the Buyer and the www.touch-shop.eu online shop (hereafter the Seller).
2) All the company names and trademarks used on the website serve only informational purposes and remain a property thereof.
3) The seller is not responsible for any errors in the manufacturers‘description of the products‘features or any changes of products made on the manufacturers‘descrition. The differences in technical features of a product can occur as a result of an offer update or other manufacturer’s changes. In every case in which the information given on the company’s website is not in accordance with reality, the customer has the right to cancel the sales contract within 10 days from the delivery date of the purchased product.
4) The hereby terms and conditions can be modified by the seller at any time. The buyer is obliged to notify the seller about any changes of the home or delivery address immediately, in writing. Failing to notify the seller about the changes in delivery address will result in shipping the purchased product to the address indicated in the buyer’s order and marking the transaction as completed successfully.
5) The information provided on the website: www.touch-shop.eu does not constitute an offer according to the civil code.
Prices
1) The prices at the Seller’s website are given in Euros and comprise the German VAT at the rate of 19%. The price of each product is obliging with the Buyer’s order placement.
2) In every case, there is also the shipping cost to be added to the price of the product. The Seller will notify the Buyer what the shipping costs are by email on the day of the order placement. In case of delivery by courier, the shipping costs will be displayed on the Seller’s website.
3) The Seller reserves the right to alter the prices of the offered products and to set up or cancel any special offers.
Order Placement
1) Orders can be placed either through the Seller’s website or by email (info@touch-shop.de). Orders can be placed on 24 hour a day basis any day of the year. However, the Seller reserves the right to suspend the business activity. The information of any business activity suspensions will be posted on the Seller’s website.
2) In order to make a purchase at the www.touch-shop.eu online shop, it is essential for the Buyer to fill in appropriate forms and log on. Orders can be taken on condition that the Buyer provides the full information required to complete the transaction.
3) The order must contain the name and/or the code of the Buyer’s desired product. The Seller begins processing the order after receiving the cleared payment.
4) The product’s presence on the Seller’s price list does not necessarily mean that the product is available.
5) After placing an order, the Buyer will be notified about the product availability by email or over the telephone and will be asked to confirm the order. Unconfirmed orders will not be processed. The order reception normally takes place on the day of the order placement or the next working day. The order accomplishment time is counted from the moment of the order confirmation.
6) The maximum order accomplishment time is 4 – 6 working days from the date of receiving the cleared payment. If the purchased product is not available, the Seller must notify the Buyer.
Delivery
1) The goods are delivered to the address indicated by the Buyer by mail or by courier. It is possible to collect the purchased product in person without paying the shipping costs after arranging the time and the place beforehand. The customers are not served on the company’s premises.
2) The delivery of the purchased goods takes place on the basis of the order placed using the order form which can be found on the Seller’s website. The form contains the information on the type and quantity of the purchased products.
3) The Seller accepts the following payment methods:
a) Transfer into the international bank account number: Swift-BIC HELADEF1WET and IBAN DE35 5155 0035 0002 0433 88
b) Cash on Delivery (temporarily suspended)
c) Cash on collection in person
4) The shipping cost depends on the Buyer’s chosen payment method, the value of the purchased goods and the shipping method. The shipping cost details will be provided in the email confirming the order, which the Buyer will receive after placing the order.
5) The Seller is not responsible for any deliveries not reaching the Buyer or delays thereof, which are result of the Buyer’s failing to provide full and correct delivery address.
6) The Seller is responsible for any failed deliveries or delays thereof only when the failure or delay is caused by the Seller. The Seller is not responsible for any delivery delays if they are caused by third parties (being a result of the public administration’s decisions, caused by the post or the courier).
Warranty
1) All the products in the Seller’s offer are free of any technical or legal defects and they were legally introduced into the Polish market.
2) Differences which are a consequence of the Buyer’s computer settings (colour, proportions etc.) cannot underlie any complaints or money refunds.
3) All the goods available at the Seller’s shop are subject to replacement if:
a) They have manufacturing defects
b) They got damaged in transport
c) The purchased product is discordant with the product shown in the Buyer’s order.
4) The products are covered by manufacturers, importer or the Seller’s warranty. The warranty period is stated in the product description.
5) The warranty does not cover the exploitative materials or the wear-and-tear products (e.g. Cassettes, CD’s batteries, light bulbs, cleaning materials etc.)
6) The products are delivered in the original manufacturer’s package, suitable for transport. The Seller makes sure that every product is secured for the transport properly. However, on the delivery collection, it is necessary to check any possible traces of interference or damages. In case of noticing any mechanical damages, the basis for the complaint processing is the completion of complaint form in the presence of the postman or courier on the collection of the delivery.
7) In case of any manufacturer’s defects, the product is subject to free replacement on condition that the Buyer notifies the Seller within 5 days from the date from the date of product collection.
8) The Seller is, according to article 558 § 1 of the Civil Code, not liable to provide any guarantee for the possible defects of the goods sold on the basis of the sales contract through the Seller’s online shop.
Delivery suspension and contract cancellation
1) In case of the Buyer’s refusal to collect the ordered goods, the Seller reserves the right to cancel the sales contract and to claim a contracted fee of 100% of the gross value of the product legally.
2) In case of the Buyer’s failure to pay on time, the Seller can hold the delivery or delay it until the reception of the payment due. The Seller is not responsible for any undelivered goods or any delays of delivery in such cases.
Order Modification
1) The Buyer has the right to cancel the order until the receipt id drawn. The Seller provides VAT receipts.
2) If the payment was made upfront, the refund will be paid into the same Buyer’s account which the payment was taken from within 5 working days.
Returns
1) The return of the goods purchased online is possible within 10 working days from the date of the delivery. The returns will be accepted on condition that the purchased product is delivered to the Seller’s premises in complete, original and undamaged package. The above right does not apply to retailers purchasing for business purposes.
2) The returned product cannot have any traces of use.
3) The Seller will process complaints on the following essential conditions:
a) The Buyer must deliver the returned product in the original package to the Seller’s premises’ address and include the receipt or the VAT receipt.
b) The returned products must have manufacturing defects or defects which are a consequence of transport.
4) If the proof of sales is an ordinary receipt, it is essential to include it with the returned product. The returns without the original receipt will not be accepted. If the proof of sales is a VAT receipt, it is not necessary to post the original version. Once the return is accepted, the Buyer will be sent a corrective VAT receipt. Along with the returned product, the Buyer must include a sales contract cancellation statement as well as the number of the account into which the money will be refunded.
5) The refund comprises the price of the returned product. None of the shipping costs are not subject to refund. The Seller does not accept cash-on-delivery deliveries. The money is refunded by money transfer into the bank account indicated by the Buyer within 5 working days from the return acceptance. In case of VAT receipts, the 5 days are counted from the moment of the return of the corrective VAT receipt signed by the Buyer.
6) There is a possibility of changing the returned product into another product or products available in the Seller’s offer.
Final terms and conditions
1) Our customers’ personal data is protected in accordance with the Personal Data Protection Act. The data is stored and processed only for order processing purposes and will not be available to any other subjects or third parties. Touch Cards and more will make sure to protect the customers’ privacy. However, we do not take the responsibility for issues which are a consequence of third parties’ intentional interference. The customers have the right to view and modify their personal data.
2) Touch Cards and More guarantees not to post any marketing materials by electronic mail without the customer’s consent, in accordance with The Providing Online Services Act.
3) Any possible disputes regarding all the Sales Contract will be dealt with by compromise. In case of lack of possibility of compromise, the disputes will be settled legally at the Seller’s local court.
4) The hereby terms and conditions will be in force 1 September 2009.
5) The Seller reserves the right to change the terms and conditions. All possible changes will be in force from the date of publishing on the Seller’s website.
6) By placing an order, the Buyer agrees to all the above terms and conditions.